Henry County
Anti-Data Center Policies
Henry County’s enacted rules, though described in the text as a proposal, require special-use permits, large setbacks, studies, noise limits, and decommissioning security. They also ban evaporative cooling and cooling towers but do not prohibit data centers outright.
current law · County measureRequires data centers to obtain a special-use permit and meet rules on location, water and power impacts, noise, screening, cooling, decommissioning, and emergency planning.Henry County Zoning Ordinance Amendment — Data Center (D-C) District (2026)
What this means
The proposal would require a special-use permit and impose large setbacks from neighboring properties, along with studies, noise limits, and decommissioning security. Its ban on evaporative cooling and cooling towers could also limit design choices, creating significant barriers, though it does not ban data centers outright.
People behind it
- George Lyle
Henry County Attorney who presented the proposed data center zoning ordinance for the Board of Supervisors' consideration.
- Henry County Board of Supervisors
Governing body that directed staff to develop the ordinance and approved it.
- Chris Lawless
Board member who made the motion to approve the proposed data center zoning ordinance.
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- Travis Pruitt
Board member who seconded the motion to approve the proposed data center zoning ordinance.
Restrictions & requirementsHide restrictions & requirements28
Each data center development requires a special use permit approved by the Board of Zoning Appeals.
Data centers may be located only in the new Data Center District and are listed there as special-use-permit uses.
A front setback of at least 100 feet from any street right-of-way is required.
Structures must have side and rear yards of at least 1,000 feet from parcels not zoned industrial, or 500 feet from parcels zoned industrial.
Structures are limited to 75 feet in height; taller towers or structures require a special use permit approved by the Board of Zoning Appeals. Certain structures, such as chimneys, water towers, and similar appurtenances, are exempt from the height limit.
Data center applications must include a project narrative, detailed site plan, property and setback information, proposed structures and equipment, access and parking information, and written confirmation from VDOT that entrances meet applicable requirements.
An application is incomplete and cannot be accepted until the applicant submits a County-reviewed water supply impact study prepared by an approved third-party consultant.
The water supply impact study must address projected water demand, cooling technology, water sources, groundwater impacts, downstream and cumulative effects, drought scenarios, impacts on existing users and private wells, water capture and storage, wastewater treatment, recycling or release, and other information required by the County.
Applicants must submit an electrical infrastructure impact analysis addressing peak and phased demand, redundancy, effects on existing infrastructure, required upgrades, and documentation from the utility confirming adequate capacity.
Applicants must submit a photometric lighting plan and an acoustical impact analysis prepared and sealed by a third-party professional acoustical engineer.
The acoustical analysis must model worst-case operating conditions, including peak cooling demand and routine generator testing, and address ambient sound, property-line and receptor sound levels, major noise sources, tonal and low-frequency noise, mitigation, sound contours, and compliance with County noise standards.
Applicants must evaluate emergency power technologies other than Tier 4 diesel generators and demonstrate that the selected system has the lowest practical environmental impact while maintaining required reliability.
A data center may not produce more than 50 dBA at the exterior property line during operation, and mechanical equipment may not produce a clearly audible pure tone or tonal component at or beyond a residentially zoned property line. Emergency-generator use and testing are exempt from the tonal-noise restriction.
If a noise violation is identified, the owner has 48 hours after County notification to correct it; otherwise, use may not commence.
Generators, cooling systems, storage facilities, and other necessary mechanical infrastructure must be enclosed or screened so they are not visible from adjacent streets, uses, or buildings. Ground-mounted mechanical equipment is prohibited in front yards, and refuse areas must be fully screened.
Principal façade design requirements apply to building façades facing adjacent existing or planned public roads or properties with existing, approved, or permitted residential development.
Exterior lighting must minimize glare, light trespass, and skyglow; use full-cutoff, fully shielded fixtures directed downward; use lighting no warmer than 3,000 Kelvin; limit pole-mounted fixtures to 25 feet unless the Board approves a greater height; and reduce nonessential lighting during inactivity through controls such as timers or motion sensors.
Generator testing is limited to weekdays from 9:00 a.m. to 5:00 p.m.
Only closed-loop cooling systems are permitted; evaporative cooling and cooling towers are prohibited.
Before building permits are issued, the owner must provide a County-approved financial assurance instrument, such as a bond, letter of credit, or escrow, sufficient to cover estimated decommissioning costs.
A decommissioning plan is required and must provide for removal of buildings, cooling equipment, transformers, generators, fuel tanks, battery systems, hazardous materials, and associated infrastructure, along with site restoration, soil stabilization, revegetation, and lawful disposal or recycling.
Decommissioning must begin within 12 months after permanent cessation of operations or 12 months of continuous inactivity, unless the Board grants an extension, and must be completed within 24 months after it begins unless the Board approves an extension.
Estimated decommissioning costs must be reviewed every three years by a qualified professional, and the financial assurance must be adjusted as necessary; the County may use the security to complete decommissioning if the owner fails to do so.
Within 90 days after full operations begin, or at another time approved by the Zoning Administrator, the owner must submit a post-construction acoustical study based on representative high-load conditions. Projects built in phases must satisfy this requirement after each phase and before full operation.
Noise testing is required annually for the life of the use, with the results submitted to the Zoning Administrator by July 1 each year.
If post-construction testing finds excessive noise or prohibited tonal components, the owner has 48 hours to remedy the issue; otherwise, use may not commence.
Before a certificate of occupancy is issued, the owner must prepare an Emergency Response Plan in consultation with the County Department of Public Safety and provide an applicant-funded facility orientation and familiarization session for emergency responders.
The Emergency Response Plan must address facility hazards, emergency contacts, access procedures, utility shutoffs, fire suppression, hazardous materials, emergency power, fuel storage, battery systems, and water supply, and must be updated after material modifications and at least every three years.
Benefits & exceptionsHide benefits & exceptions3
Creates a dedicated Data Center District in which data centers are expressly allowed through a special use permit approved by the Board of Zoning Appeals, establishing a defined permitting pathway. data centers
Imposes no minimum-area requirement for property in the Data Center District, allowing data centers to be proposed on parcels of any size, subject to the other regulations. No minimum area regulations
Allows structures in the Data Center District to reach 75 feet in height, with towers and other structures permitted to exceed 75 feet if the Board of Zoning Appeals grants a special use permit. Towers and structures may be erected
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